Horsemad v Debenhams Storecard court papers - help!

[Horsemad]

Hi, I sent a CCA request to GE Money in mid Feb and received an application form with no T & C's. In response I sent a letter back to GE stating this, I then got a letter back saying they were looking into my complaint. Got another letter with the usual tosh about how they had provided me with a CCA and then the next thing I know I get a notice of assignment letter from Howard Cohen & Co Solicitors who were acting on behalf of CL Finance??? saying they had issued a claim in the County Court.

I've never been contacted by CL Finance, but how do I respond to the County Court Claim that has now arrived? HELP PLEASE?

[Amethyst]

Re: Horsemad v Debenhams Storecard court papers - help!

have you received an n1 money claim form from the court ?

if so can you post up the particulars of claim please, date of claim and any accompanying documents.

also if you can scan in the application form you received under the cca that would be great. (is it like this one http://i367.photobucket.com/albums/o...9/scan0020.jpg )

Did you have PPI on the card?

Approx how much is the claim/debt ?

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

Yet again abuse of process of Mr Cohen !!!

Did they even warn you of impending court action ??

You know the normal pay up in 14 days or court ?

Could we have the POC please.

I'm thinking:

CPR 31.14
AoS
File strike out for abuse and cruddy POC

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Hi, thank you both for your replies. I know Im going to sound stupid but what does POC, CPR and AOS stand for?

I had no warning from them, no final demands nothing. They say they are acting on behalf of CL Finance, yet I have had no letters from CL Finance. The last correspondance I had was from Santander Cards (who Im assuming have taken over GE) dated 6th June saying they believed my complaint had been dealt with and was now resolved!

Just received a notice of assignment letter dated the 19th June form Howard Cohen & Co but states assignment between Santander Cards and CL Finance but Howard Cohen & Co act on behalf of CL Finance and an N1 CPC Claim form from Northampton County Court dated the 22nd June.

No didn't have PPI and Total Claim is for £853.08 plus £55 court fee plus £70 Solicitors costs.

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

POC - Particulars of Claim
CPR - Civil Procedure rules (basically what they MUST do in bringing this action)
AoS - Acknowledgement of Service of the claim


Could you please post up the POC for us.
Who is named as the creditor.
Is it Santander or CL ?

Also how long have you had this card ?

Sorry for all the questions, but they are very important.

As ever Cohen's are seriously abusing process here and we'll make sure they pay for that fact

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Having a nightmare trying to upload these onto photobucket. I've had the Debenhams card since 2003 and the copy credit agreement they have sent me is the most basic one I have seen yet! the claimant is cl finance but address for sending documents and payments is howard cohen & co. what should be my response on the defence and counterclaim?

If these uploads are too rubbish let me know and I'll have another go!


[edit removed links as pers details on]

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

Thanks for that.
BTW your personal details are clearly visible.

Would it be possible to take a close up of the bottom section of the "agreement".

Well so far Cohen's "assignment" is for Toffee.
Basically you should of received a letter from GE (Santanwhatever) detailing who they have sold it too, not the other way round.

Also could you remind us of the date of service and the actual POC as stated on the claim form.

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Having a nightmare trying to upload these onto photobucket. I've had the Debenhams card since 2003 and the copy credit agreement they have sent me is the most basic one I have seen yet! the claimant is cl finance but address for sending documents and payments is howard cohen & co. what should be my response on the defence and counterclaim?

If these uploads are too rubbish let me know and I'll have another go!

[removed personal details]

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

HM, you're details are still there.
No matter.

Have a read of this and fire off a CPR to Cohens.
DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

No never had an assignment from GE/Santander. Date of issue of court claim iss 22nd June 2009.

I'll type out POC as I can't seem to get a decent picture of it.

"The claimants claim is for the sum of 853.08 being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and Santandar Cards UK Ltd under reference 6xxxxxxxxxxxxxxxxxxxx5 and assigned to the claimant on the 17th June 2009 notice of which has been given to the defendant.

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant persuant to section 87(1) of the consumer credit Act 1974.

Persuant to clause 7 of the agreement, the claimant also claims contractual interest at a rate of 26.478% per anuum form the date of these proceedings to the date of judgement, or sooner payment, accruing at a daily interest rate of 0.67".

I will have to upload bottom of credit agreement tonight when I get home as can't use my photobucket account at work.

Thanks for your help.

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

Thanks HM.

Right then on the CPR letter you need to request the following information:

1 The agreement.

2 The assignment*
3 The default notice*

So service on 22/06 therefore AoS 14 days later on Monday 6th.
Defence to be entered by 20th.


So I'd fire off the CPR to Cohen's TODAY and then file the AoS over the weekend.

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Thank you CB. What do I need to say on the AOS to the court? Is there a letter template I could use that you know of?

[Amethyst]

Re: Horsemad v Debenhams Storecard court papers - help!

AOS you can do online and just put 'intend to defend in full'

Welcome - HMCS Money Claim Online password etc should be on front of claim form

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

http://i392.photobucket.com/albums/p...P6300211-1.jpg

This is the bottom of the debenhams store card agreement.

Have sent AOS today and sent Cohens the CPR Letter on Friday.

Let me know if you need anything further. Thanks.

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

Sorry mate it's seriously unreadable.

If you try shooting with marco mode, ie close up, should work better.